1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. The Plaintiff supplied rice, etc. in cash or on credit to G, which is a personal entrepreneur who wholesale retails rice, miscellaneous rice, etc. with the trade name “D” in Ulsan-gu, Ulsan-gu, and to G, who operated the Smarket in the name of “F” in Ulsan-gun E located in Ulsan-gun, Ulsan-si (hereinafter “Smarket”).

B. On October 10, 2016, the Defendant acquired the instant Schlage from the said G around October 2016, and received rice, etc. from the Plaintiff until December 2016.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. At the time of the Plaintiff’s acceptance of the instant Schlage, G had a credit payment obligation of KRW 7,309,100 to the Plaintiff, and the Defendant accepted the said Schlage on condition that it succeeds to this.

Since then, the Plaintiff supplied additional rice, miscellaneous, etc. equivalent to KRW 3,215,00 to the Defendant. Only KRW 1,885,000 among the Defendant was paid by the Defendant, and the amount calculated by deducting KRW 206,200, which the Plaintiff claimed to offset the outstanding amount from the outstanding amount’s credit liability of KRW 308,200, as a result of the return of certain goods.

A. The credit was deducted.

Therefore, the Defendant is obliged to pay to the Plaintiff the amount of KRW 7,309,100 and the amount of KRW 1,228,00 (i.e., KRW 3,215,00 in total - KRW 1,885,00 in total - KRW 102,00 in total, and delay damages therefrom).

B. The Defendant did not agree to accept the credit goods payment obligation against the Plaintiff while taking over the instant Schlage from Defendant G. Since the Defendant paid all the goods price for rice, etc. supplied in direct transaction with the Plaintiff, there is no money to be paid to the Plaintiff.

3. Determination

A. The evidence submitted by the Plaintiff alone as to whether there was an agreement on the acceptance of the credit amount of KRW 7,309,100 on the credit amount liability of KRW 7,30,000, G and the Defendant run the instant Schlage.